October 13, 2006 – Federal Register Recent Federal Regulation Documents

National Flood Insurance Program; Appeal of Decisions Relating to Flood Insurance Claims
Document Number: E6-17028
Type: Rule
Date: 2006-10-13
Agency: Federal Emergency Management Agency, Department of Homeland Security
This rule amends and finalizes the Federal Emergency Management Agency's (FEMA's) May 2006 interim rule establishing an appeals process for National Flood Insurance policyholders as required under section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004.
Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates
Document Number: E6-17012
Type: Rule
Date: 2006-10-13
Agency: Environmental Protection Agency
This action corrects the 8-hour ozone nonattainment boundary for Monroe County, Georgia by deleting a highway from the boundary description, and clarifies the 8-hour ozone nonattainment boundary for Murray County, Georgia by adding a boundary description. Monroe County, Georgia is part of the Macon, Georgia 8-hour ozone nonattainment area and a portion of Murray County, Georgia makes up the Murray County (Chattahoochee National Forest Mountains), Georgia 8-hour ozone nonattainment area. The nonattainment boundaries for these two counties were described in EPA's final 8-hour ozone designations rule which was published in the Federal Register on April 30, 2004. EPA is clarifying the exact location of the 8-hour ozone nonattainment boundary for Murray County by including the precise descriptions of the boundary in the Code of Federal Regulations. In addition, pursuant to Clean Air Act (CAA) section 110(k)(6), EPA is also correcting an error made in identifying the 8-hour ozone nonattainment boundary for Monroe County.
Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes
Document Number: E6-17006
Type: Proposed Rule
Date: 2006-10-13
Agency: Federal Aviation Administration, Department of Transportation
We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI.
Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes
Document Number: E6-17005
Type: Proposed Rule
Date: 2006-10-13
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede an existing airworthiness directive (AD) that applies to certain Bombardier Model DHC-8-400 series airplanes. The existing AD currently requires revising the airplane flight manual (AFM) to advise the flightcrew of appropriate procedures to follow in the event that a main landing gear (MLG) fails to extend following a gear-down selection. The existing AD also currently requires repetitive replacement of the left and right MLG uplock assemblies with new assemblies; and an inspection of the left and right MLG uplock rollers for the presence of an inner low friction liner, and corrective actions if necessary. This proposed AD would revise the requirement for replacing the left and right MLG uplock assemblies by allowing replacement with alternative parts. For a certain MLG uplock assembly, this proposed AD would require repetitive inspections of the uplock hatch lower jaw for the presence of a wear groove and replacement with an improved part if necessary. For a certain MLG uplock assembly, this proposed AD also would require repetitive inspections of the uplock roller to ensure that it rotates freely and replacement with a new part if necessary. This proposed AD would allow optional replacement of the left and right MLG uplock assemblies with improved parts, which ends the requirements of the AFM revision and repetitive replacement and inspections. This proposed AD would remove airplanes from the applicability. This proposed AD results from development of a terminating action. We are proposing this AD to ensure that the flightcrew has the procedures necessary to address failure of an MLG to extend following a gear-down selection; and to detect and correct such failure, which could result in a gear-up landing and possible injury to passengers and crew.
Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes
Document Number: E6-17004
Type: Proposed Rule
Date: 2006-10-13
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for certain McDonnell Douglas Model 717-200 airplanes. This proposed AD would require replacing certain attaching hardware of the bulkhead nipple assemblies of the left and right wing vent boxes with new electrical bonding attaching hardware, doing resistance testing of the new electrical bonds, and doing fuel leakage testing of the reworked nipple assemblies. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to provide a conductive path, from the bulkhead nipple assemblies of the left and right wing vent boxes to the airframe structure inside the wing fuel tanks, to dissipate high amperage lightning-induced currents which might otherwise create an ignition source for fuel vapors inside the wing vent boxes and lead to an explosion of the fuel tanks.
Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, and DC-10-30F (KC-10A and KDC-10) Airplanes; Model DC-10-40 and DC-10-40F Airplanes Equipped With Pratt & Whitney JT9-20 or JT9-20J Engines; and Model MD-10-10F and MD-10-30F Airplanes
Document Number: E6-17003
Type: Proposed Rule
Date: 2006-10-13
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to adopt a new airworthiness directive (AD) for the McDonnell Douglas airplanes previously described. This proposed AD would require replacing the control modules of the fire detection systems of the propulsion engines with new, improved control modules. This proposed AD results from a report of broken or severed wiring between engine fire detectors and the fire detection system control module, which caused the fire detection system to become non-functional without flightcrew awareness. We are proposing this AD to prevent unannunciated fire in a propulsion engine, which could cause injury to flightcrew and passengers or loss of the airplane.
Technical Correction of Two Anabolic Steroid Names
Document Number: E6-16992
Type: Rule
Date: 2006-10-13
Agency: Drug Enforcement Administration, Department of Justice
The purpose of this final rule is to correct the chemical names of two anabolic steroids in the Drug Enforcement Administration's (DEA) regulations. The Anabolic Steroid Control Act of 2004 included typographical errors in the chemical names of two anabolic steroids designated as Schedule III substances. Section 1180 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 corrects these typographical errors. This Final Rule amends DEA regulations to conform to the Act.
Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits
Document Number: E6-16958
Type: Rule
Date: 2006-10-13
Agency: Pension Benefit Guaranty Corporation, Agencies and Commissions
The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in November 2006. Interest assumptions are also published on the PBGC's Web site https://www.pbgc.gov.
Amendments to Rule 15c3-1 and Rule 17a-11 Applicable to Broker-Dealers Also Registered as Futures Commission Merchants
Document Number: E6-16956
Type: Proposed Rule
Date: 2006-10-13
Agency: Securities and Exchange Commission, Agencies and Commissions
The Securities and Exchange Commission is proposing for comment amendments to conform provisions of its net capital rule to changes to the net capital rule of the Commodity Futures Trading Commission. The proposed amendments would apply to broker-dealers also registered as futures commission merchants with the Commodity Futures Trading Commission. The Securities and Exchange Commission also is proposing to amend certain rules related to subordinated debt agreements to conform those rules to the Commodity Futures Trading Commission's amended net capital rules. Finally, the Securities and Exchange Commission is proposing to amend its early warning provisions to require that it be notified if a broker-dealer also registered as a futures commission merchant must warn the Commodity Futures Trading Commission or a designated self-regulatory organization that its adjusted net capital has fallen below specified levels.
Electronic Filing of Notices of Exemption and Exclusion Under Part 4 of the Commission's Regulations
Document Number: E6-16947
Type: Proposed Rule
Date: 2006-10-13
Agency: Commodity Futures Trading Commission, Agencies and Commissions
The Commodity Futures Trading Commission (``Commission'' or ``CFTC'') is proposing to amend Commission regulations to require that notices of exemption or exclusion under Part 4 of the Commission's regulations submitted to National Futures Association (``NFA'') be filed electronically. The Commission previously has authorized NFA to receive and to process notices of exemption or exclusion from certain of the Commission's Part 4 regulations. Currently, these notices are filed in paper form with NFA. The Commission is proposing to amend the regulations that require filing of a notice to require that such notice be filed electronically with NFA. The Commission is further proposing that the submission of a notice through NFA's electronic exemption filing system by a person duly authorized to bind the submitter be permitted in lieu of the manual signature currently required by each of these regulations. In addition, the Commission also is proposing technical amendments that would remove the procedure for making filings with the Commission required by Part 4, and revise other sections of Part 4 to refer to filings made with NFA rather than the Commission. Amendments to Commission regulations adopted in 2002 no longer require that any filings under Part 4 be submitted to the Commission; therefore, the regulation specifying the procedure for filing with the Commission is no longer necessary. Further, two sections of Part 4 that refer to filings made with the Commission inadvertently were not amended in 2002 to include corresponding changes indicating that such filings would henceforth be made with NFA.
Grains and Similarly Handled Commodities-Marketing Assistance Loans and Loan Deficiency Payments for the 2006 Through 2007 Crop Years; Cotton
Document Number: E6-16944
Type: Rule
Date: 2006-10-13
Agency: Department of Agriculture, Commodity Credit Corporation
This document corrects changes made by final rules published on June 6, 2006, and August 30, 2006, amending the regulations for the Marketing Assistance Loan (MAL) and Loan Deficiency Payment (LDP) Program of the Commodity Credit Corporation (CCC). A correction is needed because the final rule of June 6 erroneously deleted provisions required by Cotton Marketing Cooperative Associations and an amendatory instruction in the August 30, 2006 rule, intended to correct that error, inadvertently amended the wrong sections of the regulations.
Charter Service Negotiated Rulemaking Advisory Committee
Document Number: E6-16939
Type: Proposed Rule
Date: 2006-10-13
Agency: Federal Transit Administration, Department of Transportation, Federal Trade Commission, Agencies and Commissions
This notice lists the location and time of the next Charter Bus Negotiated Rulemaking Advisory Committee (CBNRAC) meeting.
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and EMB-145XR Airplanes
Document Number: E6-16895
Type: Rule
Date: 2006-10-13
Agency: Federal Aviation Administration, Department of Transportation
This amendment adopts a new airworthiness directive (AD), applicable to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ and Model EMB-145XR airplanes. This AD requires, for all airplanes, installation of an additional indication device to the clear-ice indication system. For certain airplanes, this AD requires replacing the existing clear-ice indication lamp with a new, improved lamp. For certain other airplanes, this AD also requires modifying certain electrical connections to add an indication device to the clear-ice indication system, removing a certain placard, and re- activating the clear-ice additional indicator lamp. The actions specified by this AD are intended to prevent undetected build-up of clear ice on the wing surfaces, which could lead to reduced controllability of the airplane. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Cirrus Design Corporation Models SR20 and SR22 Airplanes
Document Number: E6-16741
Type: Rule
Date: 2006-10-13
Agency: Federal Aviation Administration, Department of Transportation
The FAA adopts a new airworthiness directive (AD) for certain Cirrus Design Corporation (CDC) Models SR20 and SR22 airplanes. This AD requires you to check the maintenance records to determine whether the brake caliper piston O-ring seals were replaced at the last annual or 100-hour inspection. If the O-rings were not replaced, this AD requires you to replace the O-ring seals with new seals or replace brake calipers. This AD also requires you to modify the main landing gear wheel fairings to add temperature indicator sticker inspection holes, trim the wheel fairings to prevent them from holding fluids, install temperature indicator stickers on the brake calipers, and insert Revision A6 (with revised preflight walk-around, a limitation on the engine speed used to taxi, and brake inspection/servicing intervals) into the Pilot's Operating Handbook (POH). This AD results from several reports of airplanes experiencing brake fires and two airplanes losing directional control. We are issuing this AD to detect, correct, and prevent overheating damage to the brake caliper piston O-ring seals, which could result in leakage of brake hydraulic fluid. Consequently, this could lead to the loss of braking with loss of airplane directional control or brake fire.
Common Crop Insurance Regulations; Florida Citrus Fruit Crop Insurance Provisions
Document Number: E6-16635
Type: Proposed Rule
Date: 2006-10-13
Agency: Department of Agriculture, Federal Crop Insurance Corporation
The Federal Crop Insurance Corporation (FCIC) proposes to replace the provisions currently found at 7 CFR 457.107 with a new Florida Citrus Fruit Crop Insurance Provisions. The intended effect of this action is to provide policy changes, and clarify existing policy provisions to better meet the needs of insureds and to restrict the effect of the current Florida Citrus Fruit Crop Insurance Provisions to the 2007 and prior crop years.
Modification of the Class B Airspace Area; Atlanta, GA
Document Number: 06-8688
Type: Rule
Date: 2006-10-13
Agency: Federal Aviation Administration, Department of Transportation
This action makes minor modifications to the floor of the Atlanta, GA, Class B airspace area in order to contain large, turbine- powered aircraft within Class B airspace during simultaneous triple instrument landing system (STILS) operations at the Hartsfield-Jackson Atlanta International Airport (ATL). In addition, this action makes two editorial changes to the Atlanta Class B airspace legal description. The FAA is taking this action to enhance safety and to prevent significant air traffic delays in the National Airspace System (NAS).
Amending the Congestion and Delay Reduction at Chicago O'Hare International Airport
Document Number: 06-8651
Type: Rule
Date: 2006-10-13
Agency: Department of Transportation, Federal Aviation Administration
The FAA published a final rule on August 29, 2006, (71 FR 51382), to address persistent flight delays from overscheduling at O'Hare International Airport (O'Hare). This amendment revises section 93.25, ``Initial assignment of Arrival Authorizations to U.S. and Canadian air carriers for domestic and U.S./Canada transborder service,'' to direct the FAA to assign each U.S. and Canadian conducting scheduled service at O'Hare by January 27, 2007, Arrival Authorizations based on their permanent holdings as of the 7-day period of October 22 through October 28, 2006, as evidenced by the FAA's records. While the FAA is making this rule effective without notice and comment, the FAA invites the public to comment on the amendment. The FAA will consider the comments to see whether the rule should be further modified.
Regional Haze Regulations; Revisions to Provisions Governing Alternative to Source-Specific Best Available Retrofit Technology (BART) Determinations
Document Number: 06-8630
Type: Rule
Date: 2006-10-13
Agency: Environmental Protection Agency
The EPA promulgated regulations to address a type of visibility impairment known as regional haze in 1999. These regulations have been judicially challenged twice. On May 24, 2002, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling vacating the Regional Haze Rule in part and sustaining it in part, based on a finding that EPA's prescribed methods for determining best available retrofit technology (BART) were inconsistent with the Clean Air Act (CAA). American Corn Growers Ass'n v. EPA, 291 F.3d 1 (DC Cir. 2002). We finalized a rule on July 6, 2005 addressing the court's ruling in this case. On February 18, 2005, the U.S. Court of Appeals for the District of Columbia Circuit issued another ruling, in Center for Energy and Economic Development v. EPA, 398 F.3d 653(DC Cir. 2005), granting a petition challenging provisions of the Regional Haze Rule governing an optional emissions trading program for certain western States and Tribes (the Western Regional Air Partnership (WRAP) Annex Rule). We published proposed regulations to revise the provisions of the Regional Haze Rule governing alternative trading programs, and to provide additional guidance on such programs in August 2005. We received several comments on the August 2005 proposal. This final rule finalizes the proposed revisions, including changes in response to the public comments.
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